The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-11-15
WEpyEspAY. NoYember De.
BkFogE JUDGE 9r'CULLT.

Voluntary petition for adjudication. Petit
TONER declared end sdiudged a bankrupt,
and Wednesday next, 10th inst, appointed
for proof OF claims, etc Bankrupt IN person.
Queen Sam rs. Wong Heen. Trespass.
Appeal from Honolulu Police Court. Judg-
msat OF lower Court affirmed. Kinney for
plaintiff, Rosa for defendant.
I F5 estate OF Tong kss vs. L. Aki, OF
AFaIsu. Eva, Oahu. deceased. Petition for
probate OF VIII. Ordered that long ChOug
Soy and LsGGg Nom are appointed executors
under the viii and guardians OF the minor
sithOls bond. usual notice TO creditors, etc.
! JUDICIAL III.
Decisions zeTe filed by the full 0eneh in
the copyright case OF ThOs- q. ThEum -.
Pscihs Commercial Advertiser aud r. J..
Creighton This L IN APPEAL from a deci-
sion Of Judge Preston, At the April Term,
declining 70 grant petition OF plaintiff for re
opsI-ing the case on the strength OF mex
sTidsnce- ! u0tics OF copyright OF the da-
zaiisn Almanac and AuBuaT'i Published IN
the -ldrsTtfssg had been decided insufficient
but plaintiff discovered that the same notice
vas Published in al the issues Of the Gazsfts
for tBO months: hsuC5 his petition
Chief Justice Judd and Associate 1ssics
AcCaliY render an opinion thu; the notice
II question having appeared IN the GAZETTE
from December 3. 1873, TO January y, 1890
Inclusive, Ess s1flcIeut 20 meet the statutory
requirements Of publication for two months.
They cite several American authorities, 70
tEe effect that al the conditions must be OBJ
served. and argue thzL liberal Interpret2-
ton shouid be given 70 such observance by
the plaintiff, -h0 had tTisd 70 comply With
the lzE. Ihsy hold that the publication Of
z notice Of copyright made II every number
Of weekly newspaper that il issued during
the space Of two months Is z compliance
with the statute. For this reason the case
must b rsopsnsd and the plaintiff allowed
70 prOceed sith MS proofs" Case remaudsd
% the Court beloE for further proceed
Iugs, IN accordance with this view.
Associate Justice Preston renders con
trzry opinion. eoaC1rred IN by Associate JUS
tics BickerfOn. He had given the opinion Of
the Chief Justice and his learned brother
MeCuIl7 fall and careful consideration, aud
hoped with 2 mind open to conviction. and
he regretted that IL could not concur N the
conclusion st @hIcE they had arrived. he
eOnc1rred N the general TIsE OF the LA Of
copyright Therein expressed, but could not
agree that the publication made vas pub
lection for t=J months. The st.tate, in his
Cpiaicu, should be strictly complied with,
and If thsrs as any difficulty In complying
Eltn T. a liberal construction ~O1id - By
sllOsIng publication o. the Ssh Of February
10 b zitnin tue statute. Publication from
the y II DECEMBER 70 ihs 4th II February
~O1ld Be SfthI1 the stztate and have per
feed the con lsIgsar's sifle
l. l. IIEKstoH for the plaintiff: W. A..
Whiting for defendsnts-
Il > said that the result u the bench beIDg
eNe1lT divided uD0n an appeal - ab07e -
thzE fhs csas stands where ieft b. the Geeis-
ion II the C0art bsi0z. On the point wherein
tee bench differs. yrecsdents IN foreign
countriss are sid 70 differ. Therefore i